ASHISH SAROJ v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
BAIL/12496/2024 · 2025-05-01
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 169398 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169398 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:25207 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12496 of 2024 Applicant :- Ashish Saroj Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Neeraj Kumar Srivastava Counsel for Opposite Party :- G.A.,Jitendra Kumar Mishra,Satyam Singh Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Neeraj Kumar Srivastava, learned counsel for the applicant, Sri Ajit Singh, learned Counsel for the State and perused the records. Although the cause list shows names of Sri Jitendra Kumar Misrha and Sri Satyam Singh as the learned counsel for the informant, but they are not present nor any request for adjournment has been made on their behalf. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 203 of 2024, under Sections 363, 366, 376 I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Lalganj, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 09.06.2024 alleging that the informant's daughter had gone missing in the night of 02.06.2024 and upon making enquiries it came to light that the applicant had enticed her away. 4. In the statement of the victim recorded under Section 161 Cr.P.C. as well as in her statement recorded under Section 164 Cr.P.C. she stated that she knows the
applicant for the past three years and she loves him. Her family members were not agreeing for her marriage with the applicant and therefore she went with the applicant and she married with him and she want to live with the applicant only. 5. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 19 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 6. The State has filed a counter affidavit annexing therewith copies of relevant materials collected during investigation and a copy of charge sheet dated
01.07.2024. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim wherein she has not levelled any allegations of commission of misdeed committed by the applicant; that the applicant is a young man having previous criminal history and he is languishing in jail since 10.06.2024 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Ashish Saroj be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following
conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 1.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench